| 1 | 1 | | HOUSE BILL NO. 4548 A bill to amend 2003 PA 238, entitled "Michigan law on notarial acts," by amending section 25 (MCL 55.285), as amended by 2018 PA 330. the people of the state of michigan enact: Sec. 25. (1) A notary public may perform notarial acts that include, but are not limited to, the following: (a) Taking acknowledgments. (b) Administering oaths and affirmations. (c) Witnessing or attesting to a signature. (2) In taking an acknowledgment, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the acknowledgment is the individual whose signature is on the record. (3) In taking a verification upon oath or affirmation, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the verification is the individual whose signature is on the record being verified. (4) In witnessing or attesting to a signature, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the individual in the presence of the notary public and is the individual named in the record. (5) In all matters where the notary public takes a verification upon oath or affirmation, or witnesses or attests to a signature, the notary public shall require that the individual sign the record being verified, witnessed, or attested in the presence of the notary public. (6) A notary public has satisfactory evidence that an individual is the individual whose signature is on a record if that individual is any of the following: (a) Personally known to the notary public. (b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the individual. (c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the individual's photograph and signature. (d) With regard to a notarial act performed under section 26b, identified and verified through an identity proofing process or service that is part of a remote electronic notarization platform approved under section 26b(1), and the person presents an identity document described in subdivision (c) that is verified through a credential analysis process or service that is part of a remote electronic notarization platform approved under section 26b(1). (7) The Except as otherwise provided in this subsection, the fee charged by a notary public for performing a notarial act shall must not be more than $10.00 for any individual transaction or notarial act. A notary public may charge an additional technology fee for performing a notarial act using a remote electronic notarization platform under section 26b if the notary public and the individual who requests the notarial act agree on the additional fee before the notarial act is performed and the notary public explains to the individual that the technology fee is separate from any notarial fee and is not specified or mandated by law. A notary public shall either conspicuously display a sign or expressly advise an individual concerning the fee amount to be charged for a notarial act before the notary public performs the act. Before the notary public commences to travel in order to perform a notarial act, the notary public and client may agree concerning a separate travel fee to be charged by the notary public for traveling to perform the notarial act. (8) A notary public may refuse to perform a notarial act. (9) The secretary shall prescribe the form that a notary public shall use for a jurat, the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a verification upon an oath or affirmation, the witnessing or attesting to a signature, or any other act that a notary public is authorized to perform in this state. (10) A county clerk may collect a processing fee of $10.00 for certifying a notarial act of a notary public. |
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| 23 | 23 | | HOUSE BILL NO. 4548 |
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| 24 | 24 | | |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 2003 PA 238, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Michigan law on notarial acts," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending section 25 (MCL 55.285), as amended by 2018 PA 330. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 25. (1) A notary public may perform notarial acts that include, but are not limited to, the following: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) Taking acknowledgments. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) Administering oaths and affirmations. |
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| 40 | 40 | | |
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| 41 | 41 | | (c) Witnessing or attesting to a signature. |
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| 42 | 42 | | |
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| 43 | 43 | | (2) In taking an acknowledgment, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the acknowledgment is the individual whose signature is on the record. |
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| 44 | 44 | | |
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| 45 | 45 | | (3) In taking a verification upon oath or affirmation, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the verification is the individual whose signature is on the record being verified. |
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| 46 | 46 | | |
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| 47 | 47 | | (4) In witnessing or attesting to a signature, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the individual in the presence of the notary public and is the individual named in the record. |
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| 48 | 48 | | |
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| 49 | 49 | | (5) In all matters where the notary public takes a verification upon oath or affirmation, or witnesses or attests to a signature, the notary public shall require that the individual sign the record being verified, witnessed, or attested in the presence of the notary public. |
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| 50 | 50 | | |
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| 51 | 51 | | (6) A notary public has satisfactory evidence that an individual is the individual whose signature is on a record if that individual is any of the following: |
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| 52 | 52 | | |
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| 53 | 53 | | (a) Personally known to the notary public. |
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| 54 | 54 | | |
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| 55 | 55 | | (b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the individual. |
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| 56 | 56 | | |
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| 57 | 57 | | (c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the individual's photograph and signature. |
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| 58 | 58 | | |
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| 59 | 59 | | (d) With regard to a notarial act performed under section 26b, identified and verified through an identity proofing process or service that is part of a remote electronic notarization platform approved under section 26b(1), and the person presents an identity document described in subdivision (c) that is verified through a credential analysis process or service that is part of a remote electronic notarization platform approved under section 26b(1). |
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| 60 | 60 | | |
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| 61 | 61 | | (7) The Except as otherwise provided in this subsection, the fee charged by a notary public for performing a notarial act shall must not be more than $10.00 for any individual transaction or notarial act. A notary public may charge an additional technology fee for performing a notarial act using a remote electronic notarization platform under section 26b if the notary public and the individual who requests the notarial act agree on the additional fee before the notarial act is performed and the notary public explains to the individual that the technology fee is separate from any notarial fee and is not specified or mandated by law. A notary public shall either conspicuously display a sign or expressly advise an individual concerning the fee amount to be charged for a notarial act before the notary public performs the act. Before the notary public commences to travel in order to perform a notarial act, the notary public and client may agree concerning a separate travel fee to be charged by the notary public for traveling to perform the notarial act. |
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| 62 | 62 | | |
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| 63 | 63 | | (8) A notary public may refuse to perform a notarial act. |
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| 64 | 64 | | |
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| 65 | 65 | | (9) The secretary shall prescribe the form that a notary public shall use for a jurat, the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a verification upon an oath or affirmation, the witnessing or attesting to a signature, or any other act that a notary public is authorized to perform in this state. |
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| 66 | 66 | | |
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| 67 | 67 | | (10) A county clerk may collect a processing fee of $10.00 for certifying a notarial act of a notary public. |
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